This certificate was viséed by the consul-general, and a certicate (Form A of the dispatch) was issued to Gisbert, stating that he was a native of the Philippine Islands, under the protection of the United States. This latter certificate was presented at the office of the civil governor of Barcelona by Gisbert, where it was stamped and noted and his name registered there as a foreigner. Notwithstanding these precautions, Gisbert was notified in January last that he was called in this year's draft for the Spanish army. On his inquiry he was informed that he could not be considered as a foreigner, as he was not registered at the United States consulate as an American citizen. Thereupon the consul-general protested to the local authorities, who had not at the date of his dispatch made a reply. You may bring the matter to the attention of the Spanish Government and point out that, while under existing conditions Gisbert can only be regarded as a native inhabitant of the Philippine Islands under the protection of the United States, he can not now, in view of the terms and stipulations of the treaty of peace, be regarded as a subject of Spain, liable for military service. I am, etc., JOHN HAY. [Inclosure.] No. 208.] Mr. Lay to the Department of State. CONSULATE-GENERAL OF THE UNITED STATES, SIR: I have the honor to inform the Department that after obtaining the approval of the minister at Madrid I have protested to the authorities here against the enlistment in the Spanish army of one Antonio Gisbert y Bayot, a native inhabitant of the Philippine Islands. The facts in the case are as follows: On November 27, 1901, Antonio Gisbert y Bayot presented at this consulate-general a "certificate of registration," issued by the United States military authorities at Manila on January 1, 1900, to said Gisbert y Bayot, and a similar certificate issued to his mother on the same date, both countersigned by the captain of the port of Manila; also a certificate duly authenticated showing that Gisbert was born in the Philippines on August 7, 1881. The certificates of registration were both viséed by me on November 27, 1901, and in order to comply with the regulations of the civil governor of this province a certificate in the form inclosed was issued on the 27th November, 1901, at this office. This certificate was presented at the office of the civil governor by Gisbert, where it was stamped and noted, and his name registered there as a foreigner. In the first part of January of this year Gisbert was notified that his name was included in the lists of those young men obliged to serve in the Spanish army in this year's draft. I advised Gisbert to request an explanation from the authorities for their action, to which they replied in a letter addressed to Gisbert that, although he was born in the Philippine Islands and did not arrive in Spain until May 1, 1900, as shown by the records of the captain of the port of Barcelona, he could not be considered as a foreigner, as he was not registered at the consulate-general of the United States here as an American citizen. Before this letter to Gisbert was written, in reply to a request from the authorities for information regarding the registration of Gisbert, I informed them that he was not registered as an American citizen, but that he held a "certificate of registration" viséed by me, issued by the military authorities in the Philippine Islands. I did not feel justified in doing more in view of existing regulations on the subject from the Department. Furthermore, the important part of permanent residence in the Philippines and temporary stay here had not been established except by Gisbert's statements to me. When, however, the Spanish authorities made no contention respecting residence, which might have implied previous obligations, but denied his claim to anything but Spanish nationality, I requested the approval of the minister to protest against Gisbert's enlistment. Having received the approval of the minister to do so, I have protested and will transmit a copy of the decision of the local authorities in the case when received. This case is interesting as showing the attitude of the Spanish Government regarding the status of native inhabitants of the Philippine Islands temporarily residing here less than two years. I have, etc., JULIUS G. LAY, Consul-General. [Subinclosure.-Translation.] Certificate furnished by the consulate-general to Mr. Gisbert. This is to certify that Mr. Antonio Gisbert has to-day presented himself at this consulate-general, and, according to documents, is a native inhabitant of Manila, is under the protection of the United States, his present residence being at 85 Calle Bailen, of this city. JULIUS G. LAY, Consul-General of the United States. Signature of bearer: ANTONIO GISBERT. BARCELONA, November 27, 1901. Mr. Hay to Mr. Sickles. No. 424.] DEPARTMENT OF STATE, Washington, March 18, 1902. SIR: I have to acknowledge the receipt of Mr. Storer's No. 634 of the 26th ultimo, reporting the case of Mr. Antonio Gisbert y Bayot, a native of the Philippine Islands, under the protection of the United States, who has been called by the military authorities for service in the Spanish army. You are referred to the Department's No. 423 of the 10th instant, which indicated a course to be pursued by the legation. I am, etc., Mr. Hay to Mr. Sickles. JOHN HAY. No. 427.] DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of Mr. Storer's No. 642, of the 3d instant, reporting the position assumed by the Spanish authorities in the case of Antonio Gisbert y Bayot. In reply I have to say that the Department is of opinion that it is perhaps not unreasonable for those authorities to require Mr. Gisbert to show the place of his residence on April 11, 1899, the date of the exchange of ratifications of the treaty of peace. As his mother has gone to Manila to obtain the necessary evidence, no further action seems to be required at this time. I am, etc., Mr. Sickles to Mr. Hay. JOHN HAY. No. 667.] LEGATION OF THE UNITED STATES, Madrid, June 12, 1902. SIR: With reference to Department's instruction No. 423, bearing date March 10, concerning one Antonio Gisbert y Bayot, a native inhabitant of the Philippine Islands, who had been called upon by the military authorities of Spain to serve in the Spanish army, I have the honor to inform you that the protest made by this legation to the ministry of state of Spain, in compliance with the above mentioned instruction, has produced the desired result, the young man in question, as will be seen by a translation of a letter addressed to the consulate-general at Barcelona from the recruiting office in that city, copy of which I beg to inclose, having been exempted from military service in this country. Mr. Gisbert, the consul-general informs me, expects to sail for Manila this month. I have, etc., STANTON SICKLES. [Inclosure.-Translation.] No. 4797.] Comision Mixta to United States Consul-General, Barcelona. Province of Barcelona. After seeing the particulars relating to the protest put forward by the consul of the United States at Barcelona against the decision of the "Sección de Quintas” of the Fourth District of this city, which declared that no reason existed for excluding the individual Antonio Gisbert y Bayot from enlistment for the present year; Whereas the same show the said individual to be a native of the Philippine Islands; that he presented himself on the 2d of February last before the above-mentioned "Sección" praying that he should be exempted from enlistment, and handed in a certificate issued by you and registered at the office of the civil governor of this province, stating that he was a native citizen of the Philippine Islands and was under United States protection; that the "Sección" in session decided to call for particulars in order to decide the case, in virtue of which decision a certificate given by the commandant of marine of this port was attached to the "expediente" (proceedings) to the effect that the individual in question arrived at this port from Manila on the 8th of May, 1900, on board the steamer Leon XIII, also a written statement from your consulate stating that the certificate issued by the military authorities in the Philippine Islands to the young man in question on the 1st of January, 1900, was viséed at your office on the 7th of November, 1901, he not being registered there as an American citizen, and that the "Sección" had on the 8th of February last decided that there was no reason for excluding the said young man from enlistment, on the grounds that although he arrived in this city after the date mentioned in Article IX of the treaty of peace between Spain and the United States, his status as a foreigner was not established in the form required by Article XII of the royal decree of November, 1852; Whereas you protested against the above-named decision in your communication to this committee dated the 20th February, stating that although the young man is not registered at your consulate as an American citizen, nevertheless, in compliance with the regulations of his excellency the civil governor of this province, relating to foreigners temporarily residing in this city, you issued to him a certificate which is attached to the "expediente," to the effect that the young man in question is a native of the Philippines and a citizen of Manila, which document is registered at the office of the civil governor of this province; Whereas this committee in its session held on the 27th of the same month of February determined to require the young man to prove within the shortest possible time his place of residence, as well as that of his mother, on the 11th of April, 1899, the date of the ratification of the treaty of peace between Spain and the United States, whereupon the young man presented a document dated the 22d of last May, being the sworn statements of three citizens of Manila, made before the notary of that city, Don José Ma. Rosado, proving that Doña Maria del Carmen Bayot, widow of Don Antonio Gisbert, mother of the young man Antonio, and he himself, resided in the said city on that date; furthermore, that they resided there during the whole of the year 1899; Whereas the "expediente" further includes: 1. A statement from you that the mother is a native and a citizen of Manila, under the protection of the United States, which document was registered at the office of the civil governor of this province; and 2. A certified copy of the local census sheet of this city, taken on the 31st of December, 1900, in which it is stated that on that date both the mother and the young man had resided in this city for several months; and 3. A copy of the decision arrived at; Whereas, it being proved that both the young man and his mother are natives of the Philippines, and that they resided in the said islands on the 11th of April, 1899, the date of the exchange of the ratifications of the treaty of peace between Spain and the United States, it is considered that they thus lost their status as Spaniards by virtue of Article I of the royal decree of the 11th May, 1901; Whereas the status of foreigners held by the young man and his mother is proved by the documents issued by you on the 27th of November, 1901, in respect of the young man and on the 25th of February last in respect of his mother, which are registered at the office of the civil governor of this province, according to notes made therein, upon the dates when they were respectively issued; Whereas foreigners are exempt from military service in Spain, and must not therefore be included in the annual enlistments; In view of the recruiting law, the regulations for its execution, the royal decree of May 11, 1901, and other regulations in force bearing upon the matter; This committee, in session of the 28th May last, decided to revoke the decision of the "Sección de Quintas" of the Fourth district of this city of the 8th of February last, which declared that there were no grounds for excluding the young man Antonio Gisbert y Bayot from enlistment for the current year, and in its place it is decided to exempt him from that enlistment, seeing that having lost Spanish nationality he is not under obligation of military service in Spain, and that said decision be communicated to you, as I have herewith the honor of doing, for you to act as you deem best. May heaven protect you many years. THE PRESIDENT OF THE COMISION MIXTA. No. 447.] Mr. Hay to Mr. Storer. DEPARTMENT OF STATE, SIR: The Department has been gratified to receive Mr. Sickles's No. 667, of the 12th ultimo, reporting that the recruiting office of Barcelona had exempted Mr. Antonio Gisbert y Bayot from military service in Spain. It appears to the Department that no other conclusion was possible, as Mr. Gisbert was a native inhabitant of the Philippines, under the protection of the United States, whose status is, according to the second paragraph of Article IX of the treaty of peace, determinable by Congress. I am, etc., JOHN HAY. CELEBRATION OF MAJORITY OF ALFONSO XIII. Mr. Hay to Mr. Curry. No. 1.] DEPARTMENT OF STATE, Washington, February 13, 1902. SIR: The President having determined upon the appointment of a special ambassador extraordinary to represent the Government of the United States upon the occasion of the coming of age of King Alfonso XIII of Spain on May 17 next, and you having indicated your accept ance of the same, I inclose herewith your commission as ambassador extraordinary of the United States on special mission for that purpose. I also inclose a letter of credence and a letter of felicitation (with office copies) addressed to His Majesty. You will forward the office copies to the minister for foreign affairs and deliver the originals in the manner most agreeable to His Majesty. Upon your arrival in Madrid it is expected that you will freely consult with Mr. Storer, the minister of the United States there, who will, no doubt, be able to fully advise you and be pleased to render you such further assistance and cooperation as may be necessary. It is the President's desire to show by this mission the friendly regard he has for the Government and people of Spain, and he feels confident that its duties will be discharged by you in a manner to strengthen the cordial relations now happily subsisting between the two countries. I am, etc., JOHN HAY. Mr. Curry to Mr. Hay. SPECIAL EMBASSY OF THE UNITED STATES, SIR: The President of the United States, on the 13th of February, 1902, sent me a commission as ambassador extraordinary on special mission as the representative of the Government on the occasion of the coming of age of Alfonso XIII of Spain, "with all the privileges and authorities of right appertaining to this commission." With Mr. Charles Ritchie Simpkins, who had been appointed secretary of the embassy, and whose diplomatic experience in South America, general culture, and prompt and intelligent discharge of every duty made him a valuable auxiliary, on the 13th of May, the day after my arrival in Madrid, I was received at the foreign office by the Duke de Almodóvar del Rio, the minister of state, when I informed him officially of my appointment and presented copies of my letter of credence and the letter of felicitation. After a pleasant interview, in which I was reminded of the congratulations of the American and the Spanish press at the appointment, under peculiar circumstances, of myself as ambassador, he was emphatic in expressing his pleasure at the action of the United States in consenting to take part in the interesting ceremony which would occur when the King would take the prescribed oath and be installed as a ruler. I was informed that on the succeeding day, between 10 and 12, I would be received in the palace by Their Majesties. The general reception of all special envoys, except those of royal blood, had been fixed for the same hour and place. The papal nuncio had precedence, and then I was presented to the Queen Regent and to the King. The Queen gave an extremely cordial welcome, and was much pleased when she was assured that the President gladly availed himself of that method of showing the friendly regard which he had for the Government and the people of Spain and of expressing his confidence that the mission would strengthen the cordial relations now subsisting between the two countries. After placing in her hands the official copies of the letters I took the liberty of saying that I hoped it would not be considered improper for me to add that by her personal |